M. Myint Lwin and Louis N. Triandafilou, Federal Highway Administration
The United States Code, Title 23 – Highways, Section 125 – Emergency Relief authorizes special expenditure from the Highway Trust Fund for the repair or reconstruction of roads on federal lands and federal-aid highways that have suffered serious damage as a result of either natural disasters or catastrophic failures from an external cause. This program, commonly referred to as the emergency relief or ER program, supplements the commitment of resources by states, their political subdivisions, or other federal agencies to help pay for unusually heavy expenses resulting from extraordinary situations.
Natural disasters include floods, hurricanes, earthquakes, tornadoes, tidal waves, severe storms, or landslides. The applicability of the ER program to a natural disaster is based on the extent and intensity of the disaster. Damage to highways must be severe, occur over a wide area, and result in unusually high expenses to the highway agency. Bridge spans that are displaced or collapse as a result of hurricanes are examples of catastrophic failures caused by a natural disaster.
A catastrophic failure is defined as the sudden and complete failure of a major element or segment of the highway system that causes a disastrous impact on transportation services. To be eligible for ER, the cause of the failure must be determined to be external to the bridge. Failures due to an inherent flaw in the bridge itself, including gradual or progressive deterioration or lack of proper maintenance, do not qualify for ER assistance. Closure of a facility because of imminent danger of collapse is not, in itself, a sudden failure and, therefore, is not eligible for ER funding. A bridge that suddenly collapses after being struck by a barge is an example of a catastrophic failure.
Preventive work to avoid damage to a highway bridge in anticipation of a disaster is not eligible for ER funding. For example, work to prevent scour at a bridge site in anticipation of extremely heavy rainfall and potential flooding is not eligible.
The ER program provides for repair and restoration of highway facilities to pre-disaster conditions. Restoration in kind is, therefore, the predominant type of repair expected to be accomplished with ER funds. ER funds are not intended to replace other federal-aid, state, or local funds for new construction to increase capacity, correct non-disaster related deficiencies, or otherwise improve highway facilities.
All repair work falls under two major categories: emergency repairs or permanent repairs. Emergency repairs are made during and immediately following a disaster to restore essential traffic, minimize the extent of damage, or protect the remaining facilities. These repairs can begin immediately following a disaster, and prior Federal Highway Administration (FHWA) approval is not required. Properly documented costs will be reimbursed later once the FHWA Division Administrator determines that the disaster is eligible for ER funding. The federal share is 100 percent for emergency repairs done within the first 180 days after the occurrence of the disaster.
Permanent repairs are undertaken, usually after emergency repairs have been completed, to restore the highway to its pre-disaster condition. Permanent repairs must have prior FHWA approval and authorization. The federal share depends on the type of federal-aid highway being repaired. For interstate highways, the federal share is 90 percent. For all other federal-aid highways, the federal share is 80 percent. The federal share may be increased in states with a high percentage of federally owned public lands.
By law, the FHWA can provide up to $100 million in ER funding to a state (excluding American Samoa, Commonwealth of Northern Mariana Islands, Guam, and Virgin Islands) for each natural disaster or catastrophic failure event that is found eligible for funding under the ER program (commonly referred to as the $100 mil
lion per state cap). Because of the limited amount of money authorized annually for the ER program and the likelihood that a number of states will experience ER events, funding for large events is likely to be provided over a 2-year or longer time period. Also, the total ER obligation for American Samoa, Commonwealth of Northern Mariana Islands, Guam, and Virgin Islands is limited to $20 million in any fiscal year. For a large disaster that exceeds the $100 million per state cap, Congress may pass special legislation lifting the cap for that disaster.
The extensive damage and failures of roads and bridges caused by the hurricanes of 2004 and 2005 are examples of the application of ER funds to restore traffic and rebuild highways. The use of ER funds, coupled with the market-ready technology of prefabricated bridge elements and systems (PBES), has spurred accelerated construction and rapid recovery in record time on interstate routes with high traffic volumes.
PBES allow for safer and faster partial or total repair or replacement of bridges. The systems are manufactured under controlled conditions, either offsite at a prefabrication plant or adjacent to the project site, and brought to the location ready to install. Utilization of PBES in an emergency situation can be the selected course of action based on a decision framework recently finalized by the FHWA.
One shining example, where ER funds and PBES were used effectively, was the restoration of the I-10 bridges in Louisiana as described in the next article. Through the quick response of the Louisiana Department of Transportation and Development and the Department of Transportation (DOT)/FHWA, an aggressive timeline was developed to put the eastbound roadway back into service as soon as possible. DOT Secretary Mineta visited the bridge site to personally hand the state a $5 million check to jumpstart emergency funding for the project.
Damage assessments were completed less than a week after the hurricane reached land. A Phase I emergency contract was let less than a week later, calling for two-way traffic to be restored on the eastbound structure within 45 days. The contractor would receive a $75,000/day incentive (up to a maximum of $1.125 million) for opening the bridge early, and a $75,000/day disincentive for delays. In fact, the contractor completed the work 17 days ahead of schedule and received the full incentive of $1.125 million. The eastbound bridge was opened to traffic on October 13, 2005. Phase 2 consisted of erecting temporary panel trusses on the westbound structure within a 120-day time period. The contractor completed the Phase 2 work by January 14, 2006 — 4 days ahead of schedule.
The combination of timely federal ER funding and PBES technology was vital to the successful and rapid restoration of the I-10 bridges in Louisiana as well as the I-10 Escambia Bay crossing in Florida in Prefabrication can further accelerate bridge restoration by standardizing and stockpiling components at a common location for several states to use. Such considerations should be given to bridges that require rapid recovery from natural hazards, particularly coastal bridges similar to the ones damaged by recent hurricanes.
Further Information
Emergency Relief Manual, August 2003 update, available online at www.fhwa.dot.gov/reports/erm/index.htm.